October 15, 2025

Making sure everyone receives this from OMH

———- Forwarded message ———
From: Fortran, Shannon (OMH) <Shannon.Fortran@omh.ny.gov>
Date: Wed, Oct 15, 2025 at 3:37 PM
Subject: Proposed Class Action Settlement Notification

Dear New York State Providers of Mental Health Services,

This email is to inform all New York State Providers of Mental Health Services of a Class Notice and proposed settlement agreement that would resolve a class action lawsuit brought against the Department of Health (DOH) and Office of Mental Health (OMH) (the “State Agencies”). This proposed class action settlement is intended to improve access to intensive home and community-based mental health services and reduce unnecessary use of inpatient or residential treatment services for Medicaid-eligible children. 

The Class Notice and copy of the proposed class action settlement are available online here: https://omh.ny.gov/omhweb/childservice/proposed-class-action-settlement.html.  Before the proposed class action settlement can be approved by the Court, as noted in the Class Notice, all stakeholders and potential class members have the right to object to the proposed class action settlement no later than November 21, 2025, and to attend the “fairness hearing” on January 6, 2026, as outlined in the Notice.

This information is particularly important for any New York State Providers of Mental Health Services who may be providing or arranging for Medicaid-covered case management or other Medicaid-covered services to “class members.”  Class Members include Medicaid-eligible children and youth under the age of 21 with mental or behavioral health conditions who need intensive home and community-based services.  Class members also include children and youth who may become institutionalized if they do not receive these services. The Classes do not include children or youth with addiction disorders or intellectual or developmental disabilities without a mental health diagnosis.

As a member of the children’s mental health system, you are uniquely positioned to share this information with individuals committed to the health and well-being of children, youth and their families. Please feel free to share the Class Notice with anyone you think may be interested.  We appreciate your assistance in sharing this information. 

Thank you for your support in this process.

Sincerely,

Meredith Ray-LaBatt, MA, MSW                    April Hamilton, MBA, MHSA

Special Advisor to the Commissioner            Executive Deputy Director, DPDM, OHIP

NYS Office of Mental Health (OMH)              NYS Department of Health (DOH)